Title 4 PUBLIC UTILITIES
Chapter 4.08 FLOOD DAMAGE PREVENTION
4.08.290 Conditions.
Upon consideration of the factors listed above and the purposes of this
chapter, the appeal board may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this chapter. The
following conditions shall apply to all variances:
(a) Variances may not be
issued when the variance will make the structure in violation of other federal,
state, or local laws, regulations or ordinances;
(b) Variances shall only be
issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief;
(c) Variances shall only be
issued upon a showing of good and sufficient cause, a determination that failure
to grant the variance would result in exceptional hardship, and a determination
that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create
nuisance, cause fraud on or victimization of the public, or conflict with
existing local laws or ordinances;
(d) Any applicant to whom a variance is
granted shall be given written notice specifying the difference between the base
flood elevation and the elevation to which the structure is to be built and a
written statement that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation. Such
notification shall be maintained with a record of all variance
actions;
(e) The local administrator shall maintain the records of all
appeal actions and report any variances to the Federal Emergency Management
Agency upon request;
(f) Variances shall not be issued for unpermitted
development or other development that is not in compliance with the provisions
of this chapter. Violations must be corrected in accordance with Section
4.08.160(e) of this chapter. (Ord. O-13-06 (part), 2006)
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